AB 745

Under this bill, a power of attorney for health care instrument is validly

executed if an individual who grants authority to a health care agent makes an

acknowledgment of the instrument before an authorized notarial officer. Current

law requires two witnesses in order to execute a health care power of attorney

instrument. Additionally, the bill allows an authorized notarial officer who is

employed by an individual's health care provider or inpatient health care facility to

take an acknowledgement of the individual's health care power of attorney

instrument if the notarial officer satisfies all of the following: 1) is not related by

blood, marriage, adoption, or domestic partnership to the individual executing the

instrument; 2) does not have knowledge of being entitled to a portion of the

individual's estate; 3) is not directly financially responsible for the individual's

health care; and 4) is not a finance or billing officer of the individual's inpatient

health care facility. Under current law, a witness to a health care power of attorney

instrument must meet those requirements, and also may not be an employee, other

than a chaplain or a social worker, of the individual's health care provider or

inpatient health care facility. A health care power of attorney designates another

person as an agent to make health care decisions on behalf of an individual who is

incapable of making those decisions.

The bill also allows an individual to execute a declaration to physicians, also

known as a living will, if the individual makes an acknowledgement of the

declaration before an authorized notarial officer. Current law requires two witnesses

in order to execute a declaration to physicians. The bill allows an authorized notarial

officer who is employed by the individual's health care provider or inpatient health

care facility to take an acknowledgement of the individual's declaration to physicians

if the notarial officer satisfies all of the following: 1) is not related by blood, marriage,

adoption, or domestic partnership to the individual executing the declaration; 2) does

not have knowledge of being entitled to a portion of the individual's estate; 3) is not

directly financially responsible for the individual's health care; and 4) is not a finance

or billing officer of the individual's inpatient health care facility. Under current law,

a witness to a declaration to physicians must meet those requirements, and also may

not be an employee, other than a chaplain or a social worker, of the individual's

health care provider or inpatient health care facility. If an individual has executed

a declaration, and is certified to have a terminal condition or to be in a persistent

vegetative state, in certain situations the declaration authorizes the withholding or

withdrawal of life-sustaining procedures or of feeding tubes from the individual.